How is novelty determined in international patent applications?
Novelty for international patent applications is defined in MPEP 1878.01(a)(1) and PCT Article 33(2). The MPEP states:
“For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.”
This means that an invention is considered novel if no single prior art reference discloses all the elements of the claimed invention. The assessment of novelty is made based on the prior art as defined in PCT Rule 64, which includes written disclosures made available to the public before the relevant date.
To learn more: